Summary: This is a legal case about a company that is being sued for not paying its employees properly. The employees say they were working overtime but not getting paid for it. The court decided that the company has to pay the employees for the overtime they worked. In the 1980s, laws changed so that both parents have equal rights to see their kids. This made it harder when one parent wanted to move away with the kids. There were more fights about it. The law says that the parent who has the kids most of the time can move with them if it’s for a good reason. But the court also has to think about how the move will affect the kids and the other parent. In Florida, the law also says the court can’t assume that it’s good or bad for the kids if the parent wants to move. They have to look at specific things before deciding. In 2005, the Florida Supreme Court made it harder to change custody arrangements by requiring a substantial change in circumstances and showing that it’s in the child’s best interests. In 2006, a new law was passed that laid out the steps a parent must follow if they want to move with their child, including defining the primary residential parent as the one wanting to move and what qualifies as a change of address. The first way a parent can move to a new place is if both parents agree. If they agree, they must write down the new visitation schedule and transportation plans, and the non-moving parent has to sign it. The court must also approve it. If they don’t agree, the parent who wants to move has to tell the other parent about their new address, phone number, and when they plan to move. They also have to give a good reason for moving and suggest a new visitation schedule. They have to tell the court about their plans, too. If anything changes, like their address or phone number, they have to tell the other parent. If a parent wants to move with their child, they have to give the other parent 30 days’ notice. If the other parent doesn’t object, the move is assumed to be good for the child. If the other parent does object, the parent wanting to move has to prove it’s best for the child. The court will look at things like the child’s age, the relationship with the other parent, and the reasons for and against the move. If the moving parent doesn’t give notice or takes the child without permission, they could be in trouble and have to pay the other parent’s legal fees. The court can’t deny the move just because the other parent will see the child less, but they have to consider how to make sure the child still has a good relationship with both parents. The Florida Relocation Statute 2009 applies when a parent wants to move more than 50 miles away. The parent must file a petition and serve it to the other parent and anyone else who has time with the child. If the other parent doesn’t object within 20 days, the court will likely allow the move. If the other parent does object, there will be a court hearing. These cases dealt with parents wanting to move with their child. In one case, the court said the relocation law didn’t apply because neither parent was moving. In the other case, the court said the law only applies if a parent’s main home changes when the court order is made or when the case is filed. In that case, the mom didn’t need permission to move to Georgia because she was already there when the case was filed. The court made a mistake in the Essex v. Davis case because they didn’t have enough evidence to show that the mother had violated the relocation law. In the Arrabal v. Hage case, the court said that the relocation law only applies when the parent with custody wants to move with the child, not when the other parent wants to change the custody agreement. In the case of Albanese v. Albanese, the court said the trial judge was wrong to allow the dad to move to New York with their kids because there wasn’t enough proof that it was good for the kids. The court didn’t consider if the mom and kids could still spend time together, or if the move would make things better for the kids. In Fetzer v. Evans, the mom wanted to move out of state with the kids, but the court said she didn’t prove it was best for the kids. And in Eckert v. Eckert, the court said it wasn’t enough that the mom had a house in a new state; the court didn’t look at all the important things before letting her move with the kids. In one case, the court said the judge made a mistake by not considering important factors when deciding if a child could move temporarily with their mom. In another case, the court agreed with the judge’s decision to not let the mom move with the child because it would limit the dad’s time with the child. And in a third case, the court said it was okay for the mom to move with the child because she had a good reason and the dad didn’t have a good reason to say no. In Arthur v. Arthur, the court found that the wife’s request to move with the child should have been denied because it wouldn’t have been best for the child at the time. The court wanted the husband and child to have time to bond, so they made the wife wait until the child turned three before allowing her to move. In Rolison, the court said that a parent doesn’t need permission to move if the location has already been established when the court case was filed. In Moore v. McIntosh, the parents moving to different cities within the same county didn’t automatically change the custody agreement if the possibility of moving was already included in the divorce decree. International law issues, like international relocation and parental child abduction, are becoming more common and lawyers need to know about them. In international divorce cases, the issue of relocation of children is important. One parent may fear that the other parent will take the children out of the country without permission. There are steps that can be taken to prevent this, such as securing the children’s passports and entering into a written agreement about travel. The non-traveling parent can also ask for a monetary bond to cover legal fees in case the child is wrongfully taken out of the country. If a child is taken to another country without permission, it can be really hard to get them back. The rules for bringing them back vary depending on whether the country is part of an international agreement. If a parent wants to move to another country with their child, there are rules they have to follow too. It can be really tough for the other parent to stay close to the child if they move far away. Traveling to see the child can be expensive and difficult, especially if the parents don’t have a lot of money. Relocation cases are complicated and require careful preparation. There are no clear rules for how they will be decided. It’s important to present all the facts clearly and use evidence to support your case. Research shows that most parents seeking to move are women. Moving can have a big impact on the child’s relationship with the non-moving parent. It’s a tough situation for everyone involved. This is a list of resources and court cases related to parents who want to move away with their children after a divorce. It includes articles and books about the legal issues involved, as well as court cases where judges had to make decisions about relocation. If you’re interested in this topic, you can find more information in these resources. If an agreement says you can’t move, you have to prove there’s a good reason to move. If you want to change custody, you need to show that things have changed a lot since the last custody decision and that it’s best for the child. It’s a good idea to ask the court to make your new address official, even if it’s not far from your old one. If a parent moves more than 50 miles away, it’s considered a relocation case, not just a custody change. After 2009, the main question is whether the parent moved their main home. If they moved before any custody orders, they might not have to follow the relocation rules. The court will consider the best interests of the child when it comes to deciding how much time each parent gets to spend with the child. If one parent wants to move to a new school district, an expert may be used to talk about the schools. The police will provide crime information for both the current and new locations. If a parent wants to move internationally with the child, there are rules and agreements in place to make sure the child can return to the United States if needed. Some countries have agreed to follow these rules, while others have not. This is a legal case about family and marital law in Florida. Jacqueline M. Valdespino is a lawyer who specializes in this area. The article was edited with the help of Cash A. Eaton. It was submitted by the Family Law Section, chaired by Maria C. Gonzalez, and edited by Sarah Kay. The purpose of the Florida Bar is to make sure lawyers act ethically and serve the public.
Source: https://www.floridabar.org/the-florida-bar-journal/relocation-a-moveable-feast/
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